Allahabad High Court
Hanumant Lal Mishra vs State Of U.P. Thru. Prin. Secy. ... on 7 April, 2023
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1038 of 2022
Applicant :- Hanumant Lal Mishra
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Dinesh Kumar Shukla
Counsel for Opposite Party :- G.A.,Mohan Singh
Hon'ble Mohd. Faiz Alam Khan,J.
None is present for the applicant or for the private opposite party while the name of Shri Mohan Singh is printed in the cause list as counsel for the opposite party no.2/complainant while learned A.G.A. is available.
The present anticipatory bail application has been moved by the accused/applicant- Hanumant Lal Mishra in Case Crime No.308 of 2021, under Sections 406, 506 I.P.C., Police Station Kotwali Nagar, District Gonda, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.
Charge sheet in this case has already been filed on 25.01.2022 before the Chief Judicial Magistrate, Gonda. It also appears to be an admitted case that the offences, under which the charge sheet has been filed, are punishable with upto 7 years of imprisonment.
After considering all the facts and circumstances of this case, a Coordinate Bench of this Court on 05.07.2022 while extending interim protection to the applicant has passed the order reproduced as under:
"Heard Sri Dinesh Kumar Shukla, learned counsel for the applicant, Sri Jayant Singh Tomar, learned AGA for the State and perused the material available on record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.308 of 2021, under Sections 406 and 506 IPC, Police Station Kotwali Nagar, District Gonda, with a prayer to enlarge him on anticipatory bail.
Sri Mohan Singh, learned counsel for the first informant has put in appearance and has informed that the suit for cancellation of sale deed has already been moved in civil court which indicates that the matter pertains to civil nature. He has further informed that the applicant has a criminal history and has not disclosed the said fact in the present anticipatory bail application.
Per contra, Sri Jayant Singh Tomar, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail.
Matter requires consideration.
Learned AGA and learned counsel for the informant are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 05.09.2022 in the additional cause list.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicant- Hanumant Lal Mishra shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O./Court concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(ii) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
(iii) the applicant shall not leave India without the previous permission of the Court.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application."
Nothing has been brought before this Court, which may suggest that the conditions imposed vide order dated 05.07.2022 of the Coordinate Bench has been flouted or not adhered by the applicant. Thus, having regard to all the facts and circumstances, in the considered opinion of this Court, since no violation of any condition imposed vide order dated 05.07.2022 has been highlighted and the charged offences are punishable with upto 7 years of imprisonment, the interim protection provided vide order dated 05.07.2022 is made absolute and the anticipatory bail application moved by the applicant - Hanumant Lal Mishra is hereby allowed in terms that in the event of arrest of the applicant under any process of the trial court or his presence before the trial court within 15 days from today in connection with above mentioned case crime number, applicant - Hanumant Lal Mishra, be released forthwith on his executing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thusand) with two sureties each in the like amount to the satisfaction of the SHO/ Investigating Officer/ Police Personnel of police station concerned/trial court, subject to the following conditions:
1. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
2. The applicant shall Cooperate in the investigation and will make himself available as and when required by the Investigating officer of the case, even for the recovery of any fact.
3. The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his release on anticipatory bail.
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and when the witnesses are present in court. In case of default of any of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail or fails to remain present before the trial court within 15 days from today, the trial Court concerned may take appropriate action in accordance with law.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and shall proceed against him in accordance with law.
Order Date :- 7.4.2023
Anupam S/-
